Ticket dismissal for not getting all items requested in discovery?

[thedevo]

My court date is tomorrow at 11:00 a.m. for a speeding ticket I got that alleged I was doing 71 mph in a 50 mph construction zone ($250 ticket).

The court office clerk told me that I had to contact the actual officer for materials needed via discovery. So I sent a discovery request to the officer not long after the citation asking for calibration records, training records, speed logs, notes, certification, etc. And about a month later, I receive a letter from him that included only a photocopy of the citation with officers notes and a catvisor report I didnt ask for which tells me nothing other than my car was pulled over and dispatch acknowledged it. I never received calibration records or training records or LIDAR documentation.

The officer said in the letter that the LIDAR was calibrated "2 months ago"... and thats all, no specifics. He also stated that he would send training records to me once trial date was set.... Well my trial is tomorrow and I havnt received anything from him...

Can I motion to dismiss my ticket due to the officer not sending me the materials vital in preparing my case, even after the officer SAID HIMSELF in the letter that he would?

[Lucky225]

Originally Posted by thedevo

My court date is tomorrow at 11:00 a.m. for a speeding ticket I got that alleged I was doing 71 mph in a 50 mph construction zone ($250 ticket).

The court office clerk told me that I had to contact the actual officer for materials needed via discovery. So I sent a discovery request to the officer not long after the citation asking for calibration records, training records, speed logs, notes, certification, etc. And about a month later, I receive a letter from him that included only a photocopy of the citation with officers notes and a catvisor report I didnt ask for which tells me nothing other than my car was pulled over and dispatch acknowledged it. I never received calibration records or training records or LIDAR documentation.

The officer said in the letter that the LIDAR was calibrated "2 months ago"... and thats all, no specifics. He also stated that he would send training records to me once trial date was set.... Well my trial is tomorrow and I havnt received anything from him...

Can I motion to dismiss my ticket due to the officer not sending me the materials vital in preparing my case, even after the officer SAID HIMSELF in the letter that he would?

Yes, you can always motion for dismissal for any lawful requirement that has not been met. The judge can also refuse to grant a dismissal. I would motion for dismissal and state the reasons why (photocopy, not certified copy, other materials not sent) and see if the judge will grant it. If he doesn't grant a dismissal, immediately motion for a continuance and court order to compel discovery.

[FoolishOne]

See it you can beat Pmoth's 'shortest time in court' record of ~3min LOL.

[Azonehits]

Originally Posted by thedevo

My court date is tomorrow at 11:00 a.m. for a speeding ticket I got that alleged I was doing 71 mph in a 50 mph construction zone ($250 ticket).

The court office clerk told me that I had to contact the actual officer for materials needed via discovery. So I sent a discovery request to the officer not long after the citation asking for calibration records, training records, speed logs, notes, certification, etc. And about a month later, I receive a letter from him that included only a photocopy of the citation with officers notes and a catvisor report I didnt ask for which tells me nothing other than my car was pulled over and dispatch acknowledged it. I never received calibration records or training records or LIDAR documentation.

The officer said in the letter that the LIDAR was calibrated "2 months ago"... and thats all, no specifics. He also stated that he would send training records to me once trial date was set.... Well my trial is tomorrow and I havnt received anything from him...

Can I motion to dismiss my ticket due to the officer not sending me the materials vital in preparing my case, even after the officer SAID HIMSELF in the letter that he would?

You can't on the first court date. Most of the time, you stand in front of the judge and either plead guilty or not guilty. If you plead not guilty, you will then have another court date for trial with the officer around this time. This is your court date when your evidence such as calibration test and etc can be presented. If he does not show up, you win.

[Lucky225]

Originally Posted by Azonehits

You can't on the first court date. Most of the time, you stand in front of the judge and either plead guilty or not guilty. If you plead not guilty, you will then have another court date for trial with the officer around this time. This is your court date when your evidence such as calibration test and etc can be presented. If he does not show up, you win.

X2, I thought he already had his arraignment. He can still motion to compel discovery at arraignment though.

[Suf Daddy]

I know a guy in Cleveland who polished off his case in ~45 seconds.............

I got a NY judge to tell me "it looks like the State of NY has insufficient evidence to prosecute you so I find you not guilty"........ (all the leg work was done in the ADA office 12 minutes before court)
<nods> "Thank you your honor."

-Suf

Originally Posted by FoolishOne

See it you can beat Pmoth's 'shortest time in court' record of ~3min LOL.

[cal]

If the judge is considering allowing an extension for the prosecution's failure to provide the evidence or bringing it to court you may kindly and respectfully tell the judge that it is the prosecution's responsibility to be prepared for court in representing the people and there is no excuse for not bringing the materials necessary, had the tables been turned and you had shown up unprepared there would be no continuance.

[Stealth Stalker]

Originally Posted by Suf Daddy

I know a guy in Cleveland who polished off his case in ~45 seconds.............

I got a NY judge to tell me "it looks like the State of NY has insufficient evidence to prosecute you so I find you not guilty"...

LOL! I had a similar experience once. I walked up to the bench, handed the judge my ticket, and got about ten seconds into my story before he interrupted me with, "The officer didn't put the speed limit on your ticket. Dismissed." I was friggin' stunned!